Police accused Carlos Enrique Alegria of aggravated rape after the woman he was accused of attacking called 911 during the incident.

However, the alleged victim changed her story twice while on the witness stand during a preliminary hearing.

Assistant District Attorney General Justin Irick says that left the prosecution with few options. "Those statements did indeed, if they are true, absolve Mr. Alegria of being responsible for or guilty of aggravated rape, which is why the judge decided there was no choice but to dismiss the charges," he told us.

Alegria is still charged with resisting arrest. He's being held on a $1000 bond.